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Extreme harassment by neighbour, please advice

Querist : Anonymous (Querist) 11 December 2009 This query is : Resolved 
Hello Sir/Madam,

GA!! I m writing about this constant suffering of our family , Any advice/information will be highly useful in leading our daily life.

My neighbour staying next to our house who is also my aunt is almost daily harassing us (not sure if this is the right word)
She is a financier and chit fund runner of this area in bangalore. Rich in money and muscle power also. I say muscle power bcoz my other neighbour staying opposite our house is a rowdy or rather a person who is very violent and runs playing card clubs and is a close associate of my neighbour aunt.

We are first generation in our family who got educated and built a house for ourselves demolishing the 50 year old one. Problem is she is jealous that we are improving our standard of life and she always keeps shouting at us with all foul language to the extent that i have literally lost tears crying for her abusive words. She doesnt need a reason to do it. Now since we built a new house , we hve left some space towards her house and have a window facing her house, this is the same way they have for their house also.
She is taking this reason and shouting at us to close all openings from our house facing hers, in the pretext of this she uses filthy words calls my mother prostitute etc etc . she few days back was loudly telling to some visitor in her house that i had told her i am not born to my father and sometimes she shouts on the road at us very badly , she has the background of those guys in front of the house whom also most residents in the road fear. those guys use filthy language to the core among themselves while speaking in front of the house on the road.
Every day i am worried when again she will start shouting, inspite of taking troubles of building our new house, i am unable to live peacefully i sometimes feel i am always fearing when she will start off again.
while constructing house also she made baseless complaints in police station and we had to go 4-5 times, once she even complained that i threatened that i will kill her. and after going to station she will start saying only other complaints which are not linked to it. They know everyone in station through those guys in front of the house who were running playing cards and i think they cant do it without their support. i dont know if they playing cards can be proved but its the truth.

now having fed up with life of hearing abuses, many of my relatives especially women wont like to come to our house even they want to bcoz of her shoutings sometimes, and it really putting me in a very bad face when they come and if it happens.
my friend suggested me to buy a voice recorder and record them, i bought one and am recording it whn she abuses while i am at home. I have recorded it for last one month while she was abusing. will this be useful ? is there anyway to stop her from doing it with this ? she is not in talkable terms so we cant speak also.

I liked this site for few days and was going through that many kind hearted people are lending legal help or suggestion/ advice here.
I also need similar advice and I cant say by words how much difference that will make in my life, Thanks a million in advance for any suggestions in this which might help my family and tenants in the house to lead a peaceful life day by day.
Many Many Thanks again.
This site is making the difference. Congrats and thanks to the site owners.

Regards,
Prasadh
Malleshwaram
Bangalore
Arvind Singh Chauhan (Expert) 11 December 2009
At first don't afraid of such things. We have to face lots of happenings in life. Be courageous and meet to a lawyer and tell him in detail the matter. After going through a talk with you he will find the the real cause of problem. I hope he will suggest the best solution.
Raj Kumar Makkad (Expert) 11 December 2009
Are you ready to listen a practical suggestion?

If yes then listen apart from legal help.
You have only 2 options. Either to sale off your newly constructed house without her knowledge to some other person and to settle in some other peaceful are or to physically teach her a severe lesson to such an extent that she may never speak any word against you.

I have already told you that there is no permanent legal solution of human behaviour and practical aspects work more in such type of cases.
Adinath@Avinash Patil (Expert) 12 December 2009
IT IS BETTER TO SALE YOUR NEWLY CONSTUCTED HOUSE.
YOU APPROACH LOCAL ADVOCATE FOR LEGAL REMEDY.
a.manoharan (Expert) 12 December 2009
Dear Sir, every thing may go off . But, Courage must not go off. Do You know one purana story? There are different Goddesses of Lakshmi(meaning Wealth God) Dhana (Wealth) Lakshmi, Athirshta (Luck)Lakshmi, Shantha (Patience) Lakshmi, Anna (Food)Lakshmi, Swarna Lakshmi and so many other Lakshmi and Thairiya (Courage) Lakshmi etc. When the King was in very critical position, all Lakshmi one by one went to the King and said 'tata - bye - bye' and left from him permanently.At that time , the king did not prevent any Lakshmi leaving from him. At last, Thairiya (Courage) Lakshmi came to the King and said ' all Lakshmi left from here . So, i am also going to leave from you and to join with them . Immediately , The King knee down and begged that Thairiya (Courage) Lakshmi not to leave from him. Then Thairiya (Courage) Lakshmi also did not leave from him. Then, all other Lakshmi left from him came to him one -by -one to that King. When the King asked all other Lakshmi , why all of them returned back ? They , in chorus , said 'we can not not be without Thairiya (Courage) Lakshmi. There is no work for us where Thairiya (Courage) Lakshmi is not there.' Then the King only enjoyed throughout his life.
So, please think it over and analyze this story again and again. Please , Open you eyes broad with courage. There are so many ways in front of you. chose the best among them. THE SOLUTION FOR EACH AND EVERY PROBLEM IS ONLY ONE . That is 'FACE THE PROBLEM , ANALYZE THE PROBLEM , ATTACK THE PROBLEM'. It does mot mean that all of a sudden to go for physical fight. i hope that your mind is now clear.
a.manoharan (Expert) 12 December 2009
Dear Sir, every thing may go off . But, Courage must not go off. Do You know one purana story? There are different Goddesses of Lakshmi(meaning Wealth God) Dhana (Wealth) Lakshmi, Athirshta (Luck)Lakshmi, Shantha (Patience) Lakshmi, Anna (Food)Lakshmi, Swarna Lakshmi and so many other Lakshmi and Thairiya (Courage) Lakshmi etc. When the King was in very critical position, all Lakshmi one by one went to the King and said 'tata - bye - bye' and left from him permanently.At that time , the king did not prevent any Lakshmi leaving from him. At last, Thairiya (Courage) Lakshmi came to the King and said ' all Lakshmi left from here . So, i am also going to leave from you and to join with them . Immediately , The King knee down and begged that Thairiya (Courage) Lakshmi not to leave from him. Then Thairiya (Courage) Lakshmi also did not leave from him. Then, all other Lakshmi left from him came to him one -by -one to that King. When the King asked all other Lakshmi , why all of them returned back ? They , in chorus , said 'we can not not be without Thairiya (Courage) Lakshmi. There is no work for us where Thairiya (Courage) Lakshmi is not there.' Then the King only enjoyed throughout his life.
So, please think it over and analyze this story again and again. Please , Open you eyes broad with courage. There are so many ways in front of you. chose the best among them. THE SOLUTION FOR EACH AND EVERY PROBLEM IS ONLY ONE . That is 'FACE THE PROBLEM , ANALYZE THE PROBLEM , ATTACK THE PROBLEM WITH YOUR FULL STRENGTH'. It does mot mean that all of a sudden to go for physical fight. i hope that your mind is now clear.
Santosh Sharda (Expert) 12 December 2009
The easier solution is what my friends have given. But it is not not the right legal remedy. This way you will never live anywhere and shift whenever there is a problem.

But it is not impossible to fight such rowdies. This site is for legal opinion which you may or may not follow according to the circumstances you are in.

There is always a legal remedy for such situations. If you follow up the matter with higher police authorities you will get redressal. Police is a friend. If you appear sincere and truthful, they will help you. You must go to them with clean hands i.e. not take the law into your own hands. Ofcourse no need to take things lying down. You are fully entitled to take take defensive actions if you are threatened.

I am surprised that she has not started throwing garbage into your compound. That is what these type of people normally do.

The ACP and above of the area have powers of and Executive Magistrate. If they suspect a breach of peace they can get them to execute a bond for good behaviour. No need to involve the opposite rowdy (as you call it). If you go with regular complaints (genuine) and with clean hands (you do not involve in illegal threats), the police will be helpful. If you have witnesses of your aunt or her family members giving you threats of assault etc. the action becomes even stricter, and if suitable action is taken by the police she can be jailed. After a few complaints the police will act. Police will avoid at first treating this as a family matter as mostly they are left red faced if after taking action you back out.

The lower level of officers will not be very helpful as this is prima facie treated a family dispute and not taken seriously. Only a person with authority who is given a true picture will act. As you say, they are people with contacts. But you should know that their activities are not clean. Police will not side with them beyond a certain level.
Certainly after a few complaints your aunt will have to give a bond and later on, in case of any problem, the police takes very stern action.

I must advise you never to take counter steps in case you face any threats unless there is real threat. Even their entering your property is an offence.

Santosh Sharda
Querist : Anonymous (Querist) 14 December 2009
Hello All,

Thanks Very Very Much for all your time, advice, suggestions on this. All have been extremely helpful.
Many Thanks to All once again.

Yes Santosh, I should seriously think about doing that.
and yeah as all have said will consult a lawyer soon.

while this has happened i have been reading through law books to know my rights, i just read about defamation, both defamation as under IPC and in law of torts. Well most of the words she used which i recorded are very very offending, sometimes as the recorded version as proof shows that without any provocation or nothing, she just starts it off by herself .

as i said the words she uses are horrible to the core like calling my mother a prostitute , she is telling these to others - i am not born to my father, and we cheated someone else of lakhs , also says i drink liquour itseems and once I was drunk and i threatened to kill her itseems etc.,. etc.,. for all which i have voice recorded evidence.

with all this info, am just curious will a defamation of IPC suit last ?
am just curious thats all

Again, Many thanks to all the good souls who have taken time and given there valuable advice for me.

Prasadh S
Malleshwaram, Bangalore


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